§ 37-548 — Aquatic invasive species; wildlife; prohibited acts; violation; penalty; release, importation, commercial exploitation, and exportation permits; fees; commission; powers and duties

(1) It shall be
unlawful for any person to import into the state or release to the wild any aquatic invasive species or any
live wildlife including the viable gametes, eggs or sperm, except those which
are approved by rules and regulations of the commission or as otherwise provided
in the Game Law. It shall be unlawful to commercially exploit or export from
the state any aquatic invasive
species or dead or live wildlife taken from the wild except those
which are exempted by rules and regulations of the commission. Any person
violating this subsection shall be guilty of a Class III misdemeanor.
(2) The commission shall adopt and promulgate rules and regulations
to carry out subsection (1) of this section. In adopting such rules and regulations,
the commission shall be governed by the Administrative Procedure Act. Such
rules and regulations shall include a listing of (a) the aquatic invasive species or wildlife which may
be released or imported into the state and (b) the aquatic invasive species or wildlife taken from
the wild which may be commercially exploited or exported from the state. The
rules and regulations for release, importation, commercial exploitation, and
exportation of species other than commercial fish and bait fish shall include,
but not be limited to, requirements for annual permits for release or importation
or for commercial exploitation or exportation, permit fees, the number of
individual animals of a particular species that may be released, imported,
collected, or exported under a permit, and the manner and location of release
or collection of a particular species. The rules and regulations may be amended,
modified, or repealed from time to time, based upon investigation and the
best available scientific, commercial, or other reliable data.
(3) The commission shall establish permit fees as required
by subsection (2) of this section to cover the cost of permit processing and
enforcement of the permits and research into and management of the ecological
effects of release, importation, commercial exploitation, and exportation.
The commission shall remit the fees to the State Treasurer for credit to the
Wildlife Conservation Fund.
(4) The commission may determine that the release, importation,
commercial exploitation, or exportation of aquatic
invasive species or wildlife causes economic or ecologic harm
by utilizing the best available scientific, commercial, and other reliable
data after consultation, as appropriate, with federal agencies, other interested
state and county agencies, and interested persons and organizations.
(5) The commission shall, upon its own recommendation or upon
the petition of any person who presents to the commission substantial evidence
as to whether such additional species will or will not cause ecologic or economic
harm, conduct a review of any listed or unlisted species proposed to be removed
from or added to the list published pursuant to subdivision (2)(a) of this
section. The review shall be conducted pursuant to subsection (4) of this
section.
(6) The commission shall, upon its own recommendation or upon
the petition of any person who presents to the commission substantial evidence
that commercial exploitation or exportation will cause ecologic or economic
harm or significant impact to an aquatic or wildlife population,
conduct a review of any listed or unlisted species proposed to be added to
or removed from the list published pursuant to subdivision (2)(b) of this
section. The review shall be conducted pursuant to subsection (4) of this
section.

Legislative History

Source: Laws 1993, LB 830, § 11; R.S.1943, (1993), § 37-536; Laws 1998, LB 922, § 268; Laws 1999, LB 176, § 79; Laws 2007, LB299, § 15; Laws 2012, LB391, § 10. Cross References: Administrative Procedure Act, see section 84-920.